Should I include an arbitration agreement in my contract?
Frequently, commercial Parties will include arbitration agreements in a contract without much thought as to whether it is necessary or even a good idea. There are many things to consider before including an arbitration agreement in your contract. An arbitration...Read More
Property Transfer Disputes
In 2011, Marian Hertendy, as sole owner of her house in Smiths Falls, drafted a Will which left the house to her daughter, Beverly Ann Gault. In 2012, Marian transferred her ownership interest in the property to Beverly for nothing...Read More
Show me the Money! A Beneficiary’s Guide to a Passing of Accounts
Are you concerned about how an estate trustee is managing the estate or trust of a loved one? You may be able to compel an accounting detailing the administration of that estate or trust by making an application to the...Read More
Ontario’s High Water – Part 2: Legal Implications
In this continuation of our June 2020 blog on Ontario’s High Water, we will look at the legal implications of the inundation of water that parts of Ontario are expected to endure over the coming years. For the last number...Read More
The Sellers Say They Won’t Close: Will the Courts Make Them?
Rising real estate prices create incentives for sellers to try to get the most out of their agreements. The hot markets in most of Ontario since the initial pandemic restrictions were loosened are no exception, and we have seen an...Read More
Suffered a financial loss and want to sue? You have the duty to mitigate.
When you suffer a financial loss that gives rise to a claim, there is an obligation on you to try and minimize your losses. This is referred to as the duty to mitigate. A common question is, does the duty...Read More
Changes to the Rules of Civil Procedure in Ontario
As of January 1, 2020, new rules are in place in Ontario regarding court procedures and the civil litigation process. Overall, these changes aim to increase access to the justice system for claimants with limited resources. Limited time, knowledge or...Read More
Two appeal decisions spotlight plight of self-represented litigants
Lawyers are all too familiar with the increasing trend of parties representing themselves in court and the problems that this situation presents to their clients, to the self-represented litigants (SRLs) themselves and to the court. Two recent Court of Appeal...Read More
Air Travel and Passenger Rights in Canada
Did you know that new protections have been put into place for air travellers in Canada? As of July 15, 2019, air travellers who purchase a ticket will be entitled to certain rights that they previously did not have access...Read More